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What Happens If Someone Dies Without a Will?

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Not all people are prepared for their final moments. Accidents happen on a daily basis, to young and old alike. No matter how young or young-at-heart you are, it’s never too early to draft a will. If you die without one, your assets will be distributed according to Florida law, which may not be what you want.

Under Florida law, those who pass away without wills die intestate. Florida’s intestacy statute outlines how a person’s property and assets will be distributed through probate. According to the statute, the following people will receive the value of the estate in different circumstances:

  • Spouse receives the whole if the decedent has no children
  • Spouse receives half and children receive half
  • Children receive the whole if the decedent was unmarried
  • Decedent’s parents if he or she had no spouse or children
  • If decedent has no surviving parents, no spouse, and no children, the whole passes to siblings
  • Assets of decedents with no spouse, surviving parents, children, or siblings is distributed among relatives
  • If decedent lacks relatives or any surviving errors, the whole passes to the state of Florida

Each person has a different type of relationship with their relatives and friends. If you would rather your worldly goods pass to a friend rather than your only surviving relative, you need to draft a will. Creating a document outlining what you want to do with your estate can save your family and friends grief and struggle if they also can’t agree on what you might have wanted.

To discuss the specifics of how a will might benefit you, talk to one of our skilled Jacksonville estate planning attorneys. Owensby Law, P.A. can offer you knowledgeable advocates who have worked in estate planning for more than 10 years. We can help you ensure your family and friends are cared for after your death.

Contact us at (904) 770-3141 or fill out our online form to schedule a free initial case consultation today!